On June 20, 2018, the National Assembly introduced new provisions in Bill R-20 to combat undeclared work and to ensure fair competition between employers. What does this mean in your daily life?
The importance of conformity
Conformity is about compliance: reporting all hours worked and respecting collective agreements. FTQ Construction is in favor of a compliant industry where all workers can work in a healthy climate. Illegal work is bad for our industry and we all need to help put an end to it and denounce it.
By making sure you have your hours declared, workers have everything to gain. Each declared time allows you:
- To advance in your trade (apprenticeship);
- Take full advantage of your salary and medical insurance (750 hours required for Plan A);
- To build a good retirement fund;
- Take full advantage of your vacation pay;
- To have access to unemployment;
- Avoid fines and sanctions from the CCQ.
New powers for the CCQ
In addition to being able to demand from workers and employers any information or documents relating to non-compliant situations and illegal schemes, the CCQ is now allowed to take and use photographs, videos and sound recordings on a construction site.
From now on, the CCQ can sanction both the employer and the worker who engage in non-compliant activities.
An employer who offers, requires or imposes on an employee working conditions inferior to those provided by law, by-laws or collective agreements is liable to a fine of $ 1,137 to $ 11,370.
Attention, however, that a worker who demands, imposes, or RECEIVES salary payments or benefits not declared in the monthly report or not provided for in the collective agreements, participates in them or incites is also liable to a fine of $ 1,137 to $ 11,370. You are now responsible for reporting any non-compliant work. If you do nothing, you are also known as an accomplice.
- if you have worked and been paid 40 hours, but your employer only declares 32 hours to the CCQ;
- if your employer offers to bring you to work outside your area provided you do not charge travel expenses.
How to protect yourself?
To avoid being punished, here are some concrete actions you can take:
- Keep a log of hours so you have proof, otherwise it’s your word against the employer’s;
- Contact your union representative if you have any doubts;
- Complete a confidential complaint to the CCQ;
- Find out about your collective agreement.
At all times, if you are a witness or a non-compliant situation, contact your union representative who will guide you in complete confidentiality. Bill R-20 also provides new protections for whistleblowers against retaliation. From now on, any retaliation (threat, suspension, dismissal, etc.) against a whistleblower is prohibited and is an offense. All information transmitted is strictly confidential.